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Q.

Can Tenants Smoke in Rented Property?

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A common query, I came across from several job seekers, is can tenants smoke in rented property? So, it largely depends on the terms of the rental agreement and the landlord's policies. But smoking is a nuisance that harms inhabitants even when there is no law prohibiting it in your apartment or in your gated housing society. Let me share more details about it below.

Can a Landlord Evict Tenant for Smoking?

Yes. If smoking is against ‌the rental agreement, then your owner can evict you. However, due process and Indian tenancy rules must be followed during the eviction procedure. 

Many rental agreements in India include clauses that prohibit specific behaviors, such as smoking indoors or on the property. Here are some key points to consider:

  • Even if the rental agreement doesn't mention smoking, landlords can set their policies. You must discuss this with the landlord before signing the agreement.

  • Smoking in common areas of apartment complexes or housing societies does not allowed.

  • Some states and cities have regulations that restrict smoking in residential buildings to ensure the health and safety of all residents.

It's always a good idea to clarify the smoking policy with your landlord and check your rental agreement to avoid any misunderstandings. I hope you found it helpful.

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